Pellittiere v. New York State & Local Police & Fire Retirement System

Lynch, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s applications for performance of duty and accidental disability retirement benefits.

Petitioner began working as a firefighter in 1990, and a physical examination at that time revealed no evidence of any heart condition. He was thereafter found to have intermittent atrial fibrillation. The condition became chronic over time and, as a *1144result, he was removed from his normal duties in 2008 and…